STATE OF J&K Vs. ABDUL GANI MIR

JUDGEMENT

(1.) The appeal is admitted for hearing and with the consent of the learned counsel for the parties, the same is heard finally.

(2.) In this intra Court appeal, the appellants have assailed the validity of order dated 05.04.2018 passed by the learned Single Judge in SWP No.2125/2016 by which the writ petition preferred by the respondent has been allowed and the order of compulsory retirement of the respondent in public interest issued on 21.11.2016 by the appellants in purported exercise of powers vested under Article 226(2) of the Jammu and Kashmir Civil Service Regulations, has been quashed and the appellants have been directed to reinstate the respondent with all consequential benefits.

(3.) Facts giving rise to the filing of this appeal briefly stated are that a Committee was constituted to consider the cases of the officers/officials for compulsory retirement in public interest under Article 226(2) of the Jammu and Kashmir Civil Service Regulations. The matter of the respondent was placed for consideration before the Committee. The Committee on perusal of the record returned the finding that the 'Annual Performance Reports' (APRs) of the respondent were either not available or incomplete. The Committee further held that First Information Report being FIR No.19/2012 was registered against the respondent in Police Station, Vigilance Organization Kashmir, for the commission of offences punishable under Section 5(1)(d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 and Section 161 of the RPC. The Committee on the basis of the First Information Report came to the conclusion that the respondent does not enjoy good reputation in the public and therefore, should be compulsorily retired from service in public interest under Article 226(2) of the Jammu and Kashmir Civil Service Regulations. On the basis of recommendation made by the Committee, an order dated 21.11.2016 was issued by the appellants, by which the respondent was retired from service in public interest with effect from 22.11.2016.